Page:United States Statutes at Large Volume 71.djvu/555

 71 S T A T. ]

PUBLIC LAW 8 5 - 2 3 8 - A U G. 30, 1957

(c) Section 202(e) (!)• of such Act is iimeiided bj' strikii\<>- out subparagraph (D) and redesignating subparagraph (E) as subparagraph (D) and by inserting "and" at the end of subparagraph (C). (d) Section 202(f)(1) of such Act is amended by striking out subparagraph (D) and redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (e) Section 202(g)(1)(F) of such Act is amended to read as follows: " (F) in the case of a former wife divorced, was receiving from such individual (pursuant to agreement or court order) at least one-half of her support at the time of his death, and the child referred to in subparagraph (E) is her son, daughter, or legally adopted child and the benefits referred to in such subparagraph are payable on the basis of such individual's wages and selfemployment income." (f) Section 202(h)(1) of such Act is amended by striking out "(e)(1)(D) and (E) " and "(f)(1)(D), (E), and (F) ' ' and inserting in lieu thereof "(e)(1)(D) ' ' and "(f)(1)(D) and (E) ", respectively. (g) Section 202' (p)(1) of such Act is amended by striking dut "subparagraph (D) of subsection (c)(l)"' and "subparagraph (E) of subsection (f)(1) " and inserting in lieu thereof "subparagraph (C) of subsection (c)(1) " and "subparagraph (D) of subsection (f)(1)", respectively. (h) Section 216(h) is amended to read as follows: " (h)(1) An applicant is the wife, husband, widow, or widower of a fully or currently insured individual for purposes of this title if the courts of the State in which such insured individual is domiciled at the time such applicant files an application, or, if such insured individual is dead, the courts of the State in which he was domiciled at the time of death, or, if such insured individual is or Avas not so domiciled in any State, the courts of the District of C^olumbia, would find that such applicant and such insured individual were validly married at the time such applicant files such application or, if such insured individual is dead, at the time he died. If such courts would not find that such applicant and such insured individual were validly married at such time, such applicant shall, nevertheless be deemed to be the wife, husband, widow, or widower, as the case may be, of such insured individual if such applicant would, under the laws applied by such courts in determining the devolution of intestate personal property, have the same status with respect to the takinoof such property as a wife, husband, widow, or widower of such insured individual. "(2) I n determining whether an applicant is the child or parent of a fully or currently insured individual for purposes of this title, the Secretary shall apply such law as woidd be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or, if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a child or parent shall be deemed such. "(3) For purposes of section 202(i), a widow shall be deemed to have been living with her husband at the time of his death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support

519

42u^c4o'2^" 64 Stat. 485. 64 Stat. 486.

7o Stat. 808.

42u^c40^2^.'


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42 USC 40^'

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